| |
| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to drug testing of certain persons seeking financial |
|
|
assistance benefits. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Subchapter B, Chapter 31, Human Resources Code, |
|
|
is amended by adding Section 31.0321 to read as follows: |
|
|
Sec. 31.0321. DRUG TESTING AND ELIGIBILITY. (a) In this |
|
|
section, "controlled substance" has the meaning assigned by Chapter |
|
|
481, Health and Safety Code. |
|
|
(b) Each adult applicant, excluding an applicant applying |
|
|
solely on behalf of a child, for financial assistance benefits must |
|
|
submit to a drug test to establish the applicant's eligibility for |
|
|
those benefits. |
|
|
(c) A person whose drug test conducted under this section |
|
|
indicates the presence in the person's body of a controlled |
|
|
substance not prescribed for the person by a health care |
|
|
practitioner is ineligible for financial assistance for a period of |
|
|
12 months from the date the department receives the test results. |
|
|
(d) Before denying financial assistance under this section, |
|
|
the department must: |
|
|
(1) notify the person of the results of the drug test |
|
|
and the department's proposed determination of ineligibility; |
|
|
(2) confirm the results of the drug test through a |
|
|
second drug test or other appropriate method; and |
|
|
(3) provide the person with an opportunity for a |
|
|
public hearing concerning the results of the drug test. |
|
|
(e) The denial of financial assistance to an adult applicant |
|
|
under this section does not affect the eligibility of the person's |
|
|
child or other household members for financial assistance. |
|
|
(f) The department shall prepare and submit an annual report |
|
|
to the legislature that contains information on: |
|
|
(1) the number of persons required to submit to a drug |
|
|
test under this section; |
|
|
(2) the number of persons who actually submitted to a |
|
|
drug test under this section; and |
|
|
(3) the number of persons denied financial assistance |
|
|
because of the results of a drug test required under this section. |
|
|
(g) The report required under Subsection (f): |
|
|
(1) may be submitted electronically; and |
|
|
(2) must be made available to the public on the Health |
|
|
and Human Services Commission's Internet website. |
|
|
(h) The executive commissioner of the Health and Human |
|
|
Services Commission shall adopt rules implementing this section. |
|
|
SECTION 2. Section 31.0321, Human Resources Code, as added |
|
|
by this Act, applies only to an application for an initial |
|
|
determination of eligibility for financial assistance under |
|
|
Chapter 31, Human Resources Code, submitted on or after the |
|
|
effective date of this Act. An application for an initial |
|
|
determination of eligibility for financial assistance submitted |
|
|
before the effective date of this Act, and any application for a |
|
|
redetermination of that eligibility submitted before, on, or after |
|
|
the effective date of this Act, is governed by the law in effect |
|
|
immediately before the effective date of this Act, and that law is |
|
|
continued in effect for that purpose. |
|
|
SECTION 3. If before implementing any provision of this Act |
|
|
a state agency determines that a waiver or authorization from a |
|
|
federal agency is necessary for implementation of that provision, |
|
|
the agency affected by the provision shall request the waiver or |
|
|
authorization and may delay implementing that provision until the |
|
|
waiver or authorization is granted. |
|
|
SECTION 4. This Act takes effect September 1, 2013. |